200 S. Anaheim Blvd.
Suite #276
Anaheim, CA 92805
Tel: (714) 765-5176
Fax: (714) 765-5161
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: JUNE 13, 2023
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: VETO PROPOSED AMENDMENTS TO THE ANAHEIM RIDGE
ESTATE OWNERS ASSOCIATION DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS AND
RESERVATION OF EASEMENTS
ATTACHMENT (Y/N): YES ITEM # 03
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion, veto any proposed amendments to the Anaheim Ridge Estate Owners Association Declaration of Covenants, Conditions and Restrictions and Reservation of Easements (Declaration) that shift slope maintenance and repair responsibilities from said Association to each of the respective owners and or impact the health and safety of the public at large; and direct the City Attorney’s Office to prepare a formal letter for the Mayor to sign, exercising the City’s power to veto in the event said proposed amendment is approved by members of said Association.
DISCUSSION:
The Anaheim Ridge Estate Owners Association (Association) is a planned development consisting of 34 lots located south of Serrano Avenue, west of Hidden Canyon Road, and directly north of Avenida De Santiago. On May 18, 1977, the Texaco Anaheim Hills, Incorporation executed that certain Declaration, establishing the Association’s maintenance responsibilities of the Common Area, including but not limited to approximately 990,500 square feet of slopes, of which 835,000 are native slopes. In April of this year, the corporate legal counsel to the Association notified the City that the Association was seeking to amend its Declaration by shifting all maintenance and repair responsibilities (including brush clearance) to each of the respective owners for landscape and improvements situated on the owner’s lot because the City has a right to veto any amendment. The City has since learned that the Board of the Association adopted the proposed amendment and has requested the members to vote on the amendment (75% of the members must approve the amendment for it to be adopted).
The City shall have 15 days after written notice of the amendment is sent to the City to exercise its veto.
Numerous risks and liabilities are associated with individual homeowners being held responsible for maintaining policies of liability and fire insurance, in addition to those expenses to properly and uniformly maintain and repair slopes, including necessary fire prevention measures (removal of weeds, rubbish, and other materials) to efficiently Veto proposed amendments to the Anaheim Ridge Estate Owners Association Declaration of Covenants, Conditions and Restrictions and Reservation of Easements.
June 13, 2023
preserve, protect, and promote the common health, safety, welfare, and overall benefit of the development and the surrounding community. Additionally, lack of maintenance and/or improper maintenance to the slope drainage system can exacerbate the risk of landslides in the Santiago Geologic Hazard Abatement District.
In addition, the City Attorney received a letter providing input from an attorney representing one of the respective homeowners. While City staff does not necessarily agree with each of the facts outlined in the letter, staff concur with much of it and note that it provides further basis for the City Council to veto the proposed Declaration amendment. Pursuant to Article XV, Section 5 of the Declaration, the City has such power to veto any amendments that would be detrimental to and would have an adverse effect upon the complete and proper maintenance of the Common Area. Due to the aforementioned adverse effects and potential detrimental impacts, it is the opinion of staff and recommendation to the City Council to formally oppose and veto any amendments to the Declaration that would shift these responsibilities away from the Association onto each respective owner and or impact the health and safety of the public at large.
IMPACT ON BUDGET:
There is no impact on the budget.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Aerial Sketch
2. Letter from Attorney of a Homeowner